Terms & conditions

Article 1 — Meaning of terms

For these general terms, the expressions below carry the following meanings:

“withdrawal window” refers to the period in which the consumer may use the right to cancel the purchase;

“consumer” means a natural person who does not act as part of a trade, profession, or business and who enters into a distance agreement with the entrepreneur;

Day: a calendar day;

“long-term arrangement” means a distance agreement covering a series of products and/or services where the delivery and/or purchase duties are spread across time;

“durable medium” means any tool that allows the consumer or trader to save information personally addressed to them in a way that enables later review and unchanged reproduction of that stored information;

“right of withdrawal” means the consumer’s option to step away from the distance agreement during the withdrawal period;

“entrepreneur” means the natural or legal person who offers products and/or services to consumers remotely;

“distance agreement” means an agreement concluded within an organized remote-sales system for products and/or services by the entrepreneur, where up to and including the conclusion of the agreement only one or more distance communication methods are used;

“distance communication method” means any method that can be used to conclude an agreement without the consumer and entrepreneur being physically together in the same location.

General terms: these general terms of the entrepreneur.

Article 2 — Entrepreneur details

Company: Forge Wallet LLC

Address:

312 W 2nd St Unit #A2299

USA

Article 3 — Scope of application

These general terms apply to every offer made by the entrepreneur and to each distance agreement and order placed between the entrepreneur and the consumer.

Before a distance agreement is completed, the content of these general terms will be provided to the consumer. If this cannot reasonably be done, the consumer will be informed before the agreement is concluded that the terms may be reviewed at the entrepreneur’s premises and that they will be sent free of charge upon request as quickly as possible.

When a distance agreement is completed electronically, and notwithstanding the previous paragraph, these general terms may be made available electronically before the agreement is concluded in a manner that allows the consumer to store them easily on a durable medium. If this is not reasonably possible, the consumer will be told before concluding the agreement where the terms can be viewed electronically and that they will be provided free of charge electronically or otherwise upon request.

If specific product or service terms apply in addition to these general terms, the second and third paragraphs apply accordingly. In the event of conflicting general terms, the consumer may always rely on the provision that is most favorable to them.

If one or more clauses in these general terms are fully or partly invalid or are annulled at any time, the agreement and the remaining terms will continue to apply. The affected clause will then be replaced by mutual agreement as soon as possible.

Situations not expressly covered by these General Terms will be assessed in the spirit of these General Terms.

Any uncertainty regarding the interpretation or content of one or more clauses of our General Terms shall be understood in line with the spirit of these General Terms.

Article 4 — The offer

If an offer has a limited validity period or depends on certain conditions, this will be clearly stated in the offer.

The offer is non-binding. The entrepreneur may modify or adjust the offer.

The offer includes a complete and accurate description of the products and/or services offered. The description is detailed enough for the consumer to properly evaluate the offer. If images are used, they represent the products and/or services offered truthfully. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and details in the offer are indicative and cannot serve as grounds for replacement or cancellation of the agreement.

Product photos are a truthful representation of the offered products. The entrepreneur cannot guarantee that displayed colors exactly match the real product colors.

Every offer contains information that makes clear to the consumer which rights and obligations are connected with accepting it. This applies especially to:

The price, excluding customs duties and import VAT. These additional charges are for the customer’s account and risk. The postal and/or courier service will apply the special arrangement for postal and courier services regarding customs clearance. This arrangement applies when goods are imported into the EU country of destination, as applies here. The postal and/or courier service will collect VAT, together with any charged customs-clearance costs, from the recipient of the goods;

any shipping costs; the way the agreement will be concluded and the steps required for this; whether the right of withdrawal applies; the payment, delivery, and execution method for the agreement; the time allowed for accepting the offer, or the period during which the contractor guarantees the price;

the amount charged for distance communication if the cost of using that communication method is calculated on a basis other than the regular basic fee for the medium used;

whether the agreement will be stored after it is concluded and, if it is, how the consumer may access it;

how the consumer can check and, when needed, correct information supplied in relation to the agreement before the agreement is concluded;

any languages other than Dutch in which the agreement may be concluded;

the codes of conduct submitted by the contractor and how the consumer can review those codes electronically; and

the minimum term of the distance agreement when it concerns a long-term arrangement. Optional: available sizes, colors, and material types.

Article 5 — The agreement

The agreement is formed, subject to paragraph 4, when the consumer accepts the offer and meets the conditions attached to it.

If the consumer accepts the offer electronically, the entrepreneur will promptly confirm electronic receipt of that acceptance. Until receipt of the acceptance has been confirmed by the entrepreneur, the consumer may dissolve the agreement.

If the agreement is completed electronically, the entrepreneur will take suitable technical and organizational measures to protect the electronic transfer of data and will provide a secure online environment. If the consumer can pay electronically, the entrepreneur will apply appropriate security measures.

Within the legal framework, the entrepreneur may check whether the consumer can meet payment obligations, as well as all facts and circumstances relevant to responsibly concluding the distance agreement. If this review gives the entrepreneur good reason not to enter into the agreement, the entrepreneur may refuse an order or request or attach special conditions to its fulfillment.

With the product or service, the entrepreneur will provide the consumer with the following information in writing, or in a way that allows it to be stored accessibly on a durable medium:

the address of the entrepreneur’s premises where the consumer may submit a complaint;

the conditions for, and the method of, using the right of withdrawal, or a clear statement that the right of withdrawal does not apply;

details about warranties and existing after-sales services;

the information mentioned in Article 4.3 of these terms, unless the trader has already supplied that information to the consumer before fulfilling the agreement;

the requirements for ending the agreement if the agreement lasts longer than one year or has no fixed end date.

For a long-term arrangement, the previous subparagraph applies only to the first delivery.

Every agreement is entered into under the suspensive condition that the relevant products are sufficiently available.

Article 6 — Withdrawal right

When buying products, the consumer may dissolve the agreement without giving reasons for a period of 30 days. This cooling-off period begins on the day after the consumer, or a representative previously identified to the entrepreneur, receives the product.

During the cooling-off period, the consumer must handle the product and packaging carefully. The consumer may unpack or use the product only as far as needed to determine whether they wish to keep it. If the right of withdrawal is used, the product must be returned to the entrepreneur with all included accessories and, when reasonably possible, in its original condition and packaging, following the entrepreneur’s reasonable and clear instructions.

If the consumer wants to use the withdrawal right, the entrepreneur must be informed within 30 days after the product is received. The consumer must notify this through written notice or e-mail. After notifying the entrepreneur of the wish to withdraw, the customer must return the product within 30 days. The consumer must be able to prove that the goods were returned in time, for example with proof of shipment.

If, after the periods mentioned in paragraphs 2 and 3 have passed, the customer has not stated the wish to use the withdrawal right or has not returned the product to the entrepreneur, the purchase becomes final.

Article 7 — Return costs after withdrawal

If the consumer uses the right of withdrawal, the cost of returning the products is paid by the consumer.

If the consumer has paid any amount, the entrepreneur will refund it as soon as possible, and in any case no later than 30 days after withdrawal. This is conditional on the product having already been received back by the web trader or on conclusive proof of the complete return shipment being provided.

Article 8 — Withdrawal-right exclusions

The entrepreneur may exclude the consumer’s withdrawal right for the products described in paragraphs 2 and 3. The exclusion applies only if the entrepreneur has clearly stated this in the offer, at least in good time before the agreement is concluded. The right of withdrawal may be excluded only for products:

made by the entrepreneur according to the consumer’s specifications;

that are clearly personal in nature;

that cannot be returned because of their nature;

that may spoil or age quickly;

whose price depends on financial-market fluctuations outside the entrepreneur’s control;

for individual copies of newspapers and magazines;

for audio and video recordings and computer software where the consumer has broken the seal;

for hygiene products where the consumer has broken the seal.

The right of withdrawal may be excluded only for services:

relating to accommodation, transport, catering, or leisure activities to be carried out on a specific date or during a specific period;

where delivery has started with the consumer’s express consent before the withdrawal period ended;

relating to betting and lotteries.

Article 9 — Prices

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except where price changes result from changes in VAT rates.

By exception to the previous paragraph, the contractor may offer products or services with variable prices when those prices depend on financial-market fluctuations over which the contractor has no influence. These fluctuations, and the fact that listed prices are target prices, will be stated in the offer.

Price increases within 3 months after the agreement is concluded are allowed only if they result from statutory rules or regulations.

Price increases from 3 months after the agreement is concluded are allowed only if the contractor has agreed to this and:

they result from statutory rules or provisions; or

the consumer may terminate the agreement from the date on which the price increase takes effect.

Supply takes place under Article 5, paragraph 1, of the Sales Tax Act 1968 in the country where transport begins. In this case, delivery takes place outside the EU. Afterward, the postal or courier company will charge import VAT or customs-clearance costs to the recipient. Therefore, the contractor will not charge VAT.

All prices are subject to printing and typesetting mistakes. No liability is accepted for consequences of such errors. If a printing or typesetting mistake occurs, the entrepreneur is not required to deliver the product at the incorrect price.

Article 10 — Conformity and guarantee

The contractor guarantees that the products and/or services correspond with the agreement, the specifications stated in the offer, reasonable requirements of quality and/or usability, and the legal provisions and/or government regulations applicable when the agreement is concluded. If agreed, the contractor also guarantees that the product is suitable for uses other than normal use.

A guarantee given by the contractor, manufacturer, or importer does not affect the legal rights and claims that the consumer may exercise against the contractor under the agreement.

Any defects or incorrectly supplied products must be reported to the contractor in writing within 30 days after delivery. Products must be returned in their original packaging and in new condition.

The contractor’s guarantee period is equal to the manufacturer’s warranty period. However, the contractor is never responsible for the final suitability of products for each consumer’s individual use, nor for any advice regarding the use or application of the products.

The guarantee does not apply if:

The consumer has repaired or altered the delivered products themselves, or has had them repaired or altered by a third party;
The delivered products have been exposed to abnormal conditions, handled carelessly, or used contrary to the contractor’s instructions and/or packaging instructions;
The defect is entirely or partly the result of rules imposed, or to be imposed, by the government regarding the nature or quality of the materials used.

Article 11 — Delivery and fulfillment

The entrepreneur will take the greatest possible care when receiving and carrying out product orders.

Subject to what is set out in Article 4 of these General Terms, the company will process accepted orders with proper speed and at least within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled partly, the consumer will be informed within 30 days after placing the order. In that case, the consumer may cancel the agreement free of charge and claim compensation for any loss.

If cancellation takes place under the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, and no later than 30 days after termination.

If delivery of an ordered product proves impossible, the entrepreneur will make reasonable efforts to provide a replacement item. No later than at delivery, it will be stated clearly and understandably that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. Any return-shipping costs are borne by the entrepreneur.

The risk of damage to and/or loss of products remains with the entrepreneur until delivery to the consumer or to a representative designated and known to the entrepreneur, unless expressly agreed otherwise.

Article 12 — Long-term arrangements: duration, ending, and renewal

Ending

The consumer may terminate an agreement entered into for an indefinite period and aimed at regular delivery of products, including electricity, or services at any time, while respecting agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement entered into for a fixed period and aimed at regular delivery of products, including electricity, or services at any time before that fixed period ends, while respecting agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements mentioned in the previous paragraphs:

at any time and without being restricted to termination at a certain moment or within a certain period;
at least in the same way as they were entered into by the consumer;
always with the same notice period that the entrepreneur has set for itself.

Extension

An agreement entered into for a fixed period and aimed at regular delivery of products, including electricity, or services may not be silently extended or renewed for a fixed term.

By exception to the previous paragraph, an agreement entered into for a fixed period and covering regular delivery of daily newspapers, news publications, weekly papers, and magazines may be silently renewed for a fixed period of up to three months, provided the consumer may terminate the renewed agreement at the end of the renewal period with a notice period of no more than one month.

An agreement entered into for a fixed period and covering regular delivery of products or services may be silently renewed for an indefinite period only if the consumer may terminate it at any time with up to one month’s notice, or up to three months’ notice when the agreement covers regular but less-than-monthly delivery of daily newspapers, news publications, weekly papers, and magazines.

Duration

An agreement lasting more than one year may be terminated by the consumer after one year with a notice period of no more than one month, unless reasonable and fair grounds prevent termination before the end of the agreed duration.

Article 13 — Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days from the start of the withdrawal period referred to in Article 6(1). For an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.

The consumer must promptly notify the entrepreneur of any inaccuracies in payment information supplied or stated.

If the consumer defaults, the entrepreneur may, subject to legal limits, charge reasonable costs that were communicated to the consumer in advance.

Article 14 — Complaints process

Complaints about performance of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer discovers the shortcomings.

Complaints submitted to the entrepreneur will be answered within 30 days from the date they are received. If a complaint will predictably require a longer handling time, the entrepreneur will reply within the 30-day period with an acknowledgement of receipt and an indication of when the consumer may expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises and becomes subject to the dispute-resolution procedure.

A complaint does not suspend the contractor’s obligations unless the contractor states otherwise in writing.

If the entrepreneur considers a complaint justified, the entrepreneur will, at its own choice, replace or repair the delivered products free of charge.

Article 15 — Disputes

Dutch law alone applies to agreements between the entrepreneur and the consumer to which these general terms apply, even if the consumer lives outside the Netherlands.